help needed writing a complaint letter
Discussion
I went to visit a family member who had just moved into a new david wilson home, theres 1 cul de sac is already completed and theyve sold most the houses in there, they still building behind.
coming up into the car park they have made a temporary tarmac ramp to get up the curb, its quite short and steep and has scraped away the bottom of my splitter at the front, which id only just had the front bumper repaired a week ago which cost me £200 from where someone had done a hit and run!
heres the picture of the culprit of their stupid attempt at a ramp!
the area they are still working on behind
THE DAMAGE
Where my bumper actually ended up!
the car park
It wasnt just my car though that struggled on that ramp, the rover thats parked next to my car which is the mother in laws also scraped her car on that ramp, but unlike elises, most other cars have that plastic trim on the bottom of the bumper whereas the lotus is just fibreglass!
Im furious with david wilson homes for not putting a proper ramp in especially now people have moved in and its inevitable that people will park there, family and friends will come and visit so they should make sure that the area is accessable! the pictures doesnt do the steepness or shortness of the ramp any justice.
I know i probably wont get anywhere with this big organisation, but there is no signs on the walls the usual disclaimer, i tried to complain in the show home office which was shut and i also have a short video i took on my camera showing the ramp, the remains of my bumper on the ramp and the surrounding area.
Anyone wrote letters like this before or know where a good place to start would be?
p.s. i must be the most unluckiest elise driver!
coming up into the car park they have made a temporary tarmac ramp to get up the curb, its quite short and steep and has scraped away the bottom of my splitter at the front, which id only just had the front bumper repaired a week ago which cost me £200 from where someone had done a hit and run!
heres the picture of the culprit of their stupid attempt at a ramp!
the area they are still working on behind
THE DAMAGE
Where my bumper actually ended up!
the car park
It wasnt just my car though that struggled on that ramp, the rover thats parked next to my car which is the mother in laws also scraped her car on that ramp, but unlike elises, most other cars have that plastic trim on the bottom of the bumper whereas the lotus is just fibreglass!
Im furious with david wilson homes for not putting a proper ramp in especially now people have moved in and its inevitable that people will park there, family and friends will come and visit so they should make sure that the area is accessable! the pictures doesnt do the steepness or shortness of the ramp any justice.
I know i probably wont get anywhere with this big organisation, but there is no signs on the walls the usual disclaimer, i tried to complain in the show home office which was shut and i also have a short video i took on my camera showing the ramp, the remains of my bumper on the ramp and the surrounding area.
Anyone wrote letters like this before or know where a good place to start would be?
p.s. i must be the most unluckiest elise driver!
Hollywood Wheels said:
Good old David Wilson homes, bought my current abode new from them three and a half years ago! They wouldn't be able to organize a blow job in a brothel. Good luck!
mmm thought as much! Going to give it a go, what you recon to a small claims court if i have no joy with initial contact?
tricky 100 said:
Didn't you think when you saw the ramp , "Mmmmm my car might not make it up there unscathed" ?
Annoying what has happened and I know how much it hurts......but I was thinking the same, not least that it appears you would not have gone that way unless the ramp was there in the first place? (I mean, did you normally park alongside the kerb?)See, I'm guessing they will argue you normally used other methods or entrances, but this time saw their ramp and decided to have a go.....thereby being the creator of your own misfortune as a) you were 100% certain you could park elsewhere and normally did, without worry but b) here you were not sure, you took a risk and lost.
Not that I don't agree with your anger, just that I think this will be the approach from them and deep, deep down they do, sadly, have a point.
aprouching it at the time it didnt looks that steep so i crawled up it thinking i get over speed bumps ok and there is no where else to park.. and then it happened and it wasnt until i got out of the car and then realised the extent of the ramp but by that time it was too late the damage had been done
The usual 'watchwords' in a successful civil case, which is what you must look as if you are lining up for, are 'reasonable', 'duty of care' and 'fir for purpose'.
It is clear that the ramp was intended to provide access, and not as a skate board park or for some other purpose, therfore the entity providing the ramp has a 'duty of care' to ensure that it is 'fir for purpose'. Or if they are limiting its use to ensure effective notice is given of the limitations. Your behaviour in driving up the ramp has to be the result of reasonable behaviour (ie you approached it and used it in a reasonable manner and didn't go over at some turbo speed or in a non-road-worthy car).
Given that they appear to have failed and you to have been reasonable in your behaviour, it would appear that you have a good case for compensation to make good your loss. Whether they now act in a fair manner or are pure bloodyminded b******s is quite another matter.
Good luck
IanB
It is clear that the ramp was intended to provide access, and not as a skate board park or for some other purpose, therfore the entity providing the ramp has a 'duty of care' to ensure that it is 'fir for purpose'. Or if they are limiting its use to ensure effective notice is given of the limitations. Your behaviour in driving up the ramp has to be the result of reasonable behaviour (ie you approached it and used it in a reasonable manner and didn't go over at some turbo speed or in a non-road-worthy car).
Given that they appear to have failed and you to have been reasonable in your behaviour, it would appear that you have a good case for compensation to make good your loss. Whether they now act in a fair manner or are pure bloodyminded b******s is quite another matter.
Good luck
IanB
IanBowers said:
The usual 'watchwords' in a successful civil case, which is what you must look as if you are lining up for, are 'reasonable', 'duty of care' and 'fir for purpose'.
It is clear that the ramp was intended to provide access, and not as a skate board park or for some other purpose, therfore the entity providing the ramp has a 'duty of care' to ensure that it is 'fir for purpose'. Or if they are limiting its use to ensure effective notice is given of the limitations. Your behaviour in driving up the ramp has to be the result of reasonable behaviour (ie you approached it and used it in a reasonable manner and didn't go over at some turbo speed or in a non-road-worthy car).
Given that they appear to have failed and you to have been reasonable in your behaviour, it would appear that you have a good case for compensation to make good your loss. Whether they now act in a fair manner or are pure bloodyminded b******s is quite another matter.
Good luck
IanB
cheers for the adviceIt is clear that the ramp was intended to provide access, and not as a skate board park or for some other purpose, therfore the entity providing the ramp has a 'duty of care' to ensure that it is 'fir for purpose'. Or if they are limiting its use to ensure effective notice is given of the limitations. Your behaviour in driving up the ramp has to be the result of reasonable behaviour (ie you approached it and used it in a reasonable manner and didn't go over at some turbo speed or in a non-road-worthy car).
Given that they appear to have failed and you to have been reasonable in your behaviour, it would appear that you have a good case for compensation to make good your loss. Whether they now act in a fair manner or are pure bloodyminded b******s is quite another matter.
Good luck
IanB
Definitly worth pursuing. A strong letter saying the ramp was obviously not fit for purpose if it didn't allow a roadworthy car to pass over it. Send them a quote for repair and give them seven days to reply. You'll receive a defensive letter back and will probably have to bat another one back to them, but in my previous experiences you have a good chance that they will back down and pay up if you threaten to take legal action. Small Claims is a good option, because they will probably miss the deadline to reply. Good luck - thought about bubble wrapping your front end ?!!
RedFred said:
Definitly worth pursuing. A strong letter saying the ramp was obviously not fit for purpose if it didn't allow a roadworthy car to pass over it. Send them a quote for repair and give them seven days to reply. You'll receive a defensive letter back and will probably have to bat another one back to them, but in my previous experiences you have a good chance that they will back down and pay up if you threaten to take legal action. Small Claims is a good option, because they will probably miss the deadline to reply. Good luck - thought about bubble wrapping your front end ?!!
Yea to be honest with you thought about putting a steel circle around the car knowing my luck something would then drop on top! cheers for the advice though am trying to write something as we speakso far i have this:
On Saturday 11th April, while visiting family who have recently moved in to one of your new homes, my car was damaged by a temporary ramp which leads to the car park at the rear of your properties.
As i approached the ramp straight on and with extreme caution and care as i do with speed bumps, i slowly advanced up the ramp which is intended to provide access to the car park, to park in the designated parking bays, as i reached the brink of the ramp i heard a scrape at the front of my car. As i got out to investigate i was livid to find that the ramp was obviously not fit for purpose and it wasn’t just my car that had trouble with this ramp, another family member had also scraped her Rover on the ramp aswell.
As quite a lot of the properties have already been completed and sold in this section of the development with some residents already moved in, it should be your responsibility to make sure that the ramp is fit for purpose and make sure that the car park is accessible to all roadworthy cars, which it evidently isn’t.
Anyone elaberate on it?
On Saturday 11th April, while visiting family who have recently moved in to one of your new homes, my car was damaged by a temporary ramp which leads to the car park at the rear of your properties.
As i approached the ramp straight on and with extreme caution and care as i do with speed bumps, i slowly advanced up the ramp which is intended to provide access to the car park, to park in the designated parking bays, as i reached the brink of the ramp i heard a scrape at the front of my car. As i got out to investigate i was livid to find that the ramp was obviously not fit for purpose and it wasn’t just my car that had trouble with this ramp, another family member had also scraped her Rover on the ramp aswell.
As quite a lot of the properties have already been completed and sold in this section of the development with some residents already moved in, it should be your responsibility to make sure that the ramp is fit for purpose and make sure that the car park is accessible to all roadworthy cars, which it evidently isn’t.
Anyone elaberate on it?
No help on the letter but looking at your damage it is a mirror image of the scuff I suffered over the weekend (thread called grounded) same colour car as well!
Currently investigating aftermarket splitters and maybe some stripes or something
I fear that you will have no joy with your complaint
Currently investigating aftermarket splitters and maybe some stripes or something
I fear that you will have no joy with your complaint
Stitch said:
No help on the letter but looking at your damage it is a mirror image of the scuff I suffered over the weekend (thread called grounded) same colour car as well!
Currently investigating aftermarket splitters and maybe some stripes or something
I fear that you will have no joy with your complaint
yea deep down i feel the same but worth tryingCurrently investigating aftermarket splitters and maybe some stripes or something
I fear that you will have no joy with your complaint
I really dont think you will have a leg to stand on though mate, it looks mighty steep for a Lotus no doubt they will just say you should of had somebody watching or not attempted it at all. Worth a try though.. There's good advice on this thread already, which I'll try not to duplicate. Moreover I'm not a lawyer, so I might get technicalities wrong, but...
I successfully claimed against the council years ago for damage to a wheel and tyre. Success hinged on proving the council had been negligent in fulfilling their obligations ('duty of care'?) in inspecting and repairing the road at required intervals. Nonetheless, letters went back and forth for months with the council's insurer initially denying liability (and stating blatent falsehoods which I subsequently exposed through citing their own inspection records).
Whatever the situation with 'fitness for purpose', 'duty of care' and the rest of it though, I fear the problem you may have is that presumably the road is unadopted. I know your claim is against David Wilson Homes, not the council, but presumably until the road is adopted DWH can maintain the road and ramps to whatever standard they want, and leave the risk as to whether or not you use it to you. They may even claim that until the road is adopted you claim is against the residents!
FWIW I'd strip the wording of your letter right down and remove expressions of personal feeling (at this initial stage). IMHO your best hand is to present them with the bill for the recent repaint. This proves two things:
1) that the condition of the car pre-incident was undamaged.
2) the likely scale of costs you are pursuing.
Strictly speaking (this is what I did) you should probably pay for repairs then present the bill (you're after reparations not compensation), but you might be successful with a pre-emptive action including a copy of your previous bill.
On balance I think you will either hear nothing, or the negative. I think pressing the issue will be difficult for all the reasons mentioned so far. But for the cost of a postage stamp and some vented steam it's well worth a go.
Two more things:
1) When I viewed S2s almost all had scars under the front. It's a great shame but unfortunately for used cars, it seems inevitable. I've fitted a tigga splitter as a sacrificial element to protect my clam. It seriously reduces ground clearance, but at least you get a warning and can avoid clam damage.
2) It might be worth trying to negotiate ramps etc on full lock so one wheel ascends first. I think this probably reduces the likelihood of scrapage over driving up a ramp head on.
Good luck anyway - don't give up easily.
I successfully claimed against the council years ago for damage to a wheel and tyre. Success hinged on proving the council had been negligent in fulfilling their obligations ('duty of care'?) in inspecting and repairing the road at required intervals. Nonetheless, letters went back and forth for months with the council's insurer initially denying liability (and stating blatent falsehoods which I subsequently exposed through citing their own inspection records).
Whatever the situation with 'fitness for purpose', 'duty of care' and the rest of it though, I fear the problem you may have is that presumably the road is unadopted. I know your claim is against David Wilson Homes, not the council, but presumably until the road is adopted DWH can maintain the road and ramps to whatever standard they want, and leave the risk as to whether or not you use it to you. They may even claim that until the road is adopted you claim is against the residents!
FWIW I'd strip the wording of your letter right down and remove expressions of personal feeling (at this initial stage). IMHO your best hand is to present them with the bill for the recent repaint. This proves two things:
1) that the condition of the car pre-incident was undamaged.
2) the likely scale of costs you are pursuing.
Strictly speaking (this is what I did) you should probably pay for repairs then present the bill (you're after reparations not compensation), but you might be successful with a pre-emptive action including a copy of your previous bill.
On balance I think you will either hear nothing, or the negative. I think pressing the issue will be difficult for all the reasons mentioned so far. But for the cost of a postage stamp and some vented steam it's well worth a go.
Two more things:
1) When I viewed S2s almost all had scars under the front. It's a great shame but unfortunately for used cars, it seems inevitable. I've fitted a tigga splitter as a sacrificial element to protect my clam. It seriously reduces ground clearance, but at least you get a warning and can avoid clam damage.
2) It might be worth trying to negotiate ramps etc on full lock so one wheel ascends first. I think this probably reduces the likelihood of scrapage over driving up a ramp head on.
Good luck anyway - don't give up easily.
I must admit to have always been under the impression that, unless the road you are driving on stipulates it is a private road and only those with permission to drive on it are allowed to, then 1) The owner of the road is liable for its maintenance to "acceptable" standards (Hence why the council was libale in the example above and 2)That if it is a publically accessable road, then insurance is a requirement on both the drivers and the road owners part, so it might be worth asking for the Builders insurance company details.
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